Sec. 7. (a) Officers, warrant officers, and enlisted persons of the Indiana national guard may be placed in arrest by their military superiors for violations of military offenses committed during periods of authorized military duty.

     (b) If any member of the Indiana national guard fails or refuses to report to the member’s appointed place of duty, the commanding officer may:

Terms Used In Indiana Code 10-16-9-7

  • Arrest: Taking physical custody of a person by lawful authority.
  • Sheriff: means the sheriff of the county or another person authorized to perform sheriff's duties. See Indiana Code 1-1-4-5
(1) arrest or cause to be arrested the member; and

(2) have the member brought before the commanding officer at the member’s unit or organization headquarters.

     (c) If military personnel are not available to make the arrest or if the commanding officer considers it advisable, the commanding officer may issue a warrant to any sheriff, constable, or other law enforcement officer authorized to serve warrants of arrest under civil law. The law enforcement officer shall serve the warrant in the same manner as other warrants of arrest and make return of the warrant to the commanding officer issuing the warrant.

[Pre-2003 Recodification Citation: 10-2-5-7.]

As added by P.L.2-2003, SEC.7.

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